The second aspect of the new Constitution of concern, for present purposes, is that pertaining to devolution. During the negotiation process ZANU PF made it clear that it wished to retain the powerful control of central government over local government and rural administration. Other than in the metropolitan provinces, a key component of this control had been exercised previously by Provincial Governors appointed in terms of the Provincial Councils and Administration Act16for two year terms of office. The importance of this means of control to President Mugabe is reflected in the fact that, when Provincial Governors’ terms of office expired during the course of the Inclusive Government, he proceeded to appoint party stalwarts into these posts in blatant violation of the then provisions of the Constitution17, and in violation of a reported understanding that these ten posts would be apportioned to the parties in an agreed ratio. These Provincial Governors exercised a power in the provinces far beyond that contemplated by Provincial Councils and Administration Act18, including chairing all Provincial Lands Committees which play an often determining role in the allocation of land within the Province. One such Provincial Governor was Martin Dinha. In late 2012, Dinha in his capacity as Provincial Governor for Mashonaland Central and Chairman of the Lands Committee for the province was able to help the First lady, Grace Mugabe acquire more land for the advancement of her philanthropic projects in Mazowe19, which apparently have been much admired by visiting dignitaries. The new Constitution abolished the posts of Provincial Governors. Instead of local government in the provinces conducted through appointees of the President, Provincial Councils ought to be established.20 Rather than being headed by appointees of central government, the Councils are to be headed by Provincial Chairpersons, elected by the Councils themselves from lists of two people submitted by the National Assembly members with the majority in the province. These provisions in the new Constitution have been ignored by Mugabe and his Administration. The new Constitution requires that “an Act of Parliament must make provision … for the establishment and functions of Provincial Councils”21. No such enabling Act has been passed or even seems to form part of the immediate agenda for the Eighth Parliament. There is no apparent allocation22 for the operations of the Provincial Councils in the budget for 2014.23 Furthermore, in direct conflict with the principles of devolution set out in the Constitution, Mugabe has appointed ten Ministers of State for Provincial Affairs. These Ministers are essentially Provincial Governors in all but name, and have seamlessly continued with the same activities and functions carried out by Provincial Governors.24 But they do so without any legislation which confers such power, and have simply arrogated to themselves the authority they hold is necessary to exercise whatever power they deem appropriate to their position. Chapter 29:11. Schedule 8 to the Constitution as read with section 115, provided that appointments the President was required to make under and in terms of the Constitution or any Act of Parliament must be made after securing the consent or agreement of the Prime Minister. The High Court has yet to adjudicate on the legal challenge to these appointments. 18 See section 10 which sets out their functions. 19 An orphanage and school. 20 Section 268 of the Constitution. 21 Section 273(1). 22 See Blue Book: 2014 Estimates of Expenditure Zimbabwe Government presented to Parliament on 19.12.14. 23 See also No Budget for Provincial Councils The Zimbabwe Independent 23.08.13. 24 See for example Flood Wreaks Havoc in Masvingo The Herald 05.02.14; Minister Threats to Expel NGOs SWRadio 01.10.13 Bhasikiti Vows to Fight Corruption The Zimbabwean 26.11.13. 16 17